State v. Graham

The opinion of the court was delivered by

Marshall, J.:

The defendant was charged with statutory rape. He was found guilty, was sentenced, and appeals.

1. The defendant urges that he should have been granted a new trial on the ground of newly-discovered evidence. He was convicted of having carnal knowledge of a thirteen-year-old girl. The girl testified that during the months of January and February, 1916, the defendant, on seven different occasions, attempted to have sexual intercourse with her, but was unable to do so; that in April, 1916, he did have intercourse with her; that she became…